Citation Nr: 0812417
Decision Date: 04/15/08 Archive Date: 05/01/08
DOCKET NO. 05-10 736 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama
THE ISSUES
1. Entitlement to an evaluation in excess of 10 percent for
degenerative joint disease (DJD) of the lumbar spine.
2. Entitlement to a total disability rating based on
individual unemployability (TDIU).
3. Entitlement to service connection for fatigue, to include
as due to an undiagnosed illness.
4. Entitlement to service connection for rashes, to include
as due to an undiagnosed illness.
5. Entitlement to service connection for muscle pain, to
include as due to an undiagnosed illness.
6. Entitlement to service connection for joint pain, to
include as due to an undiagnosed illness.
7. Entitlement to service connection for sleep disturbances,
to include as due to an undiagnosed illness.
8. Entitlement to service connection for gastrointestinal
signs, to include as due to an undiagnosed illness.
9. Entitlement to service connection for weight loss, to
include as due to an undiagnosed illness.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
David Traskey, Associate Counsel
INTRODUCTION
The veteran had active service from September 1971 to
September 1973 and from December 1990 to August 1991. The
veteran also had service in the Alabama Army National Guard.
This matter came before the Board of Veterans' Appeals
(Board) on appeals from decisions of September 2004 and
August 2006 by the Department of Veterans Affairs (VA)
Montgomery, Alabama, Regional Office (RO).
The veteran requested a hearing before a decision review
officer (DRO) in connection with the issues on appeal. The
hearing was scheduled in October 2006, but the veteran failed
to report for the hearing due to a family illness. The
hearing was re-scheduled and subsequently held in September
2007. The veteran testified at that time and the hearing
transcript is of record.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The veteran requested the opportunity to testify at a hearing
held before a traveling Veterans Law Judge (VLJ) at a local
VA office in his March 2005 VA Form 9 (Appeal to Board of
Veterans' Appeals). To date, he has not been scheduled for
such a hearing, and thus, this case must be remanded.
Accordingly, the case is REMANDED for the following action:
The veteran should be scheduled for a
hearing before a traveling Veterans Law
Judge following the usual procedures
under 38 U.S.C.A. § 7107 (West 2002)
and 38 C.F.R. § 20.707 (2007).
The veteran has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate
action must be handled in an expeditious manner. See 38
U.S.C.A. §§ 5109B, 7112 (West Supp. 2007).
_________________________________________________
S.S. TOTH
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).